Free Order Dismissing Case - District Court of California - California

Case 3:07-cv-04677-MMC

Document 4

Filed 11/13/2007

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1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) ) v. ) ) CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ) ) ) Defendant. ____________________________________ ) DONALD VICTORIAN, No. C 07-4677 MMC (PR) ORDER OF DISMISSAL (Docket No. 1)

On September 10, 2007, plaintiff, a California prisoner proceeding pro se, filed an incomplete in forma pauperis ("IFP") application. Plaintiff did not file any other documents with the IFP application.1 That same date, the Court notified plaintiff in writing that the action was deficient due to plaintiff's failure to pay the requisite filing fee or, instead, to submit a completed court-approved IFP application. In said notice, plaintiff was advised that his failure to pay the filing fee or, alternatively, to file a completed IFP application, within thirty days, would result in dismissal of the action. Along with said notice, plaintiff was sent a copy of the Court's IFP application, instructions for completing it, and a return envelope. Also on that same date, the Court notified plaintiff in writing that the action was deficient due to plaintiff's failure to submit either a complaint or petition. In said notice, plaintiff was advised that his failure to submit a complaint or petition within thirty days would result in dismissal of the action. Along with said notice, plaintiff was sent a copy of the Court's civil rights complaint form, instructions for completing it, and a return envelope. Plaintiff has not responded to either of the Court's deficiency notices. Accordingly, as each deficiency notice was issued more than thirty days ago and plaintiff has neither submitted a complaint or petition, nor completed the IFP application or paid the filing fee, the Although no complaint or petition was filed, the Clerk of the Court opened a case file comprised of the IFP application. The case was categorized as a civil rights action because the IFP application includes a caption in which plaintiff identifies himself as "Plaintiff" and "Cal. Dept. of Corr. & Rehab." as "Defendant."
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Case 3:07-cv-04677-MMC

Document 4

Filed 11/13/2007

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1 above-titled action is hereby DISMISSED without prejudice. Plaintiff's application to 2 proceed IFP is hereby DENIED. 3 4 5

This order terminates Docket No. 1. The Clerk shall close the file. IT IS SO ORDERED.

6 DATED: November 13, 2007 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

MAXINE M. CHESNEY United States District Judge